NY State Assembly Bill 2017-A10254B

Assembly Bill A10254B

2017-2018 Legislative Session

Authorizes cities having a population of one million or more to provide a rebate of a portion of the real property taxes on owner occupied residential real property

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2018	print number 10254b
Jun 05, 2018	amend and recommit to real property taxation
Apr 16, 2018	print number 10254a
Apr 16, 2018	amend and recommit to real property taxation
Mar 27, 2018	referred to real property taxation

Bill Amendments

Original

B (Active)

2017-A10254 - Details

See Senate Version of this Bill:: S4136
Current Committee:: Assembly Real Property Taxation
Law Section:: Real Property Tax Law
Laws Affected:: Amd §467-e, RPT L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7048
2019-2020: S802
2021-2022: S4314
2023-2024: S5997

2017-A10254 - Summary

Authorizes cities having a population of one million or more to provide a rebate during a specified city fiscal year of a portion of the real property taxes on owner occupied 1, 2, 3, 4, 5 or 6 family residential real property, or residential real property held in the condominium or cooperative form of ownership.

2017-A10254 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10254
 
                           I N  A S S E M B L Y
 
                              March 27, 2018
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
   Committee on Real Property Taxation
 
 AN ACT to amend the real property tax law, in relation to  a  rebate  of
   real  property  taxes  on  certain residential real property in a city
   having a population of one million or more
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The section heading of section 467-e of the real property
 tax law, as added by section 1 of part V of chapter 60 of  the  laws  of
 2004, is amended to read as follows:
   Rebate  for  owners  or  tenant-stockholders  of one, two [or], three,
 FOUR, FIVE OR SIX family residences or residential property held in  the
 condominium  or  cooperative  form of ownership in a city having a popu-
 lation of one million or more.
   § 2. Subdivision 1 of section 467-e of the real property tax  law,  as
 amended  by  chapter  483  of  the  laws  of 2007, is amended to read as
 follows:
   1. Generally. Notwithstanding any provision of any general, special or
 local law to the contrary, any city having a population of  one  million
 or more is hereby authorized and empowered to adopt and amend local laws
 in accordance with this section to grant a rebate of real property taxes
 for THE fiscal [years] YEAR beginning on the first of July, two thousand
 [three]  NINETEEN  and  ending  on  the  thirtieth of June, two thousand
 [nine] TWENTY in the amount of the lesser of four hundred dollars or the
 annual tax liability imposed on the property. [No such local law may  be
 adopted  unless,  as originally adopted, it authorizes such rebate to be
 granted in accordance with this section  for  three  consecutive  fiscal
 years beginning with the fiscal year beginning on the first of July, two
 thousand  three.]  No  such rebate shall be granted by local law for any
 fiscal year beginning on or after the first of July, two thousand [nine]
 TWENTY, unless the council of such city, in fixing the annual tax  rates
 for  any  such  fiscal year, shall have uniformly reduced such rates for
 all classes of property in order to produce  real  property  tax  relief
 among such classes of property in an amount not less than, in the aggre-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD09732-03-8

 A. 10254                            2
 
 gate,  the aggregate amount of rebate paid in such fiscal year. [No such
 local law implementing the provisions of this section, as amended by the
 chapter of the laws of two thousand seven which added this sentence, may
 be adopted unless, as originally adopted, such local law authorizes such
 rebate  to  be granted in accordance with this section for three consec-
 utive fiscal years beginning with the fiscal year beginning on the first
 of July, two thousand six.]  Any  rebate  authorized  by  local  law  in
 accordance  with this section shall be paid in the fiscal year following
 the fiscal year for which the rebate is granted. If, with respect to the
 fiscal year of such city beginning on the first of  July,  two  thousand
 [eight]  NINETEEN  and  ending  on  the  thirtieth of June, two thousand
 [nine] TWENTY, an increase in average  real  property  tax  rates  would
 otherwise  be  necessary  in  the resolution of such city council fixing
 real property tax rates for such fiscal year pursuant to the charter  of
 such  city,  then  the  rebate  to be paid for such fiscal year shall be
 reduced or eliminated as follows: where the sum to  be  raised  by  such
 increase  is  less  than  seven hundred fifty million dollars, then such
 rebate shall be reduced by fifty cents for each dollar of increase,  and
 where  the  sum  to  be  raised  by such increase is seven hundred fifty
 million dollars or more, then  such  rebate  shall  be  eliminated.  The
 determination  of  the  reduction or elimination of such rebate shall be
 set forth in such resolution after consultation with the  department  of
 finance  of  such  city and shall take effect upon the final adoption of
 such resolution. Such rebate shall be paid to an owner or  tenant-stock-
 holder  who,  as of the date the application provided for in subdivision
 four of this section is due, owns a one, two [or], three, FOUR, FIVE  OR
 SIX  family residence or a dwelling unit in residential property held in
 the condominium or cooperative form of ownership that is  the  owner  or
 tenant-stockholder's  primary  residence and meets all other eligibility
 requirements of this section.  Notwithstanding anything to the  contrary
 in sections four hundred twenty-one-a, four hundred twenty-one-b or four
 hundred twenty-one-g of this title, an owner or tenant-stockholder whose
 property  is  receiving  benefits pursuant to such sections shall not be
 prohibited from receiving a rebate pursuant  to  this  section  if  such
 owner  or  tenant-stockholder  is  otherwise  eligible  to  receive such
 rebate.  Tenant-stockholders of dwelling units in a  cooperative  apart-
 ment  corporation  incorporated  as a mutual company pursuant to article
 two, four, five or eleven of the private housing finance law  shall  not
 be  entitled to the rebate authorized by this section. Such rebate shall
 be paid by the commissioner of finance to  eligible  owners  or  tenant-
 stockholders in accordance with rules promulgated by the commissioner of
 finance.
   §  3.  Subparagraph 1 of paragraph a of subdivision 2 of section 467-e
 of the real property tax law, as added by section 1 of part V of chapter
 60 of the laws of 2004, is amended to read as follows:
   (1) the property must be a one, two [or], three,  FOUR,  FIVE  OR  SIX
 family  residence  or  residential  property  held in the condominium or
 cooperative form of ownership;
   § 4. Paragraph c of subdivision 3 of section 467-e of the real proper-
 ty tax law, as added by section 1 of part V of chapter 60 of the laws of
 2004, is amended to read as follows:
   c. "Property" means a one, two [or], three, FOUR, FIVE OR  SIX  family
 residence  or a dwelling unit in residential property held in the condo-
 minium or cooperative form of ownership.

 A. 10254                            3
 
   § 5. Paragraph a of subdivision 4 of section 467-e of the real proper-
 ty tax law, as amended by chapter 483 of the laws of 2007, is amended to
 read as follows:
   a. Generally. Notwithstanding any provision of any general, special or
 local  law to the contrary, an application for a rebate pursuant to this
 section for the fiscal year beginning the first of  July,  two  thousand
 [three]  NINETEEN, shall be made no later than the date published by the
 commissioner of finance in the city  record  and  in  other  appropriate
 general  notices  pursuant  to  this subdivision, which date shall be no
 earlier than thirty days after the effective date of  this  subdivision.
 [An  application  for a rebate pursuant to this section for fiscal years
 beginning on or after the first of July, two thousand four and ending on
 the thirtieth of June, two thousand six, shall be made no later than the
 fifteenth of March of the fiscal year for which the rebate  is  claimed.
 An  application  for  a rebate pursuant to this section for fiscal years
 beginning on or after the first of July, two thousand six, shall be made
 no later than the first of September following the fiscal year for which
 the rebate is claimed.] All owners or  tenant-stockholders  of  property
 who  primarily  reside  thereon must jointly file an application for the
 rebate on or before the application  deadline,  unless  such  owners  or
 tenant-stockholders  currently  receive  a  real  property tax exemption
 pursuant to section four hundred twenty-five, four hundred  fifty-eight,
 four  hundred  fifty-eight-a,  four hundred fifty-nine-c or four hundred
 sixty-seven of this title, in which case no separate application  for  a
 rebate  pursuant to this section shall be required. Such application may
 be filed by mail if it is  enclosed  in  a  postpaid  envelope  properly
 addressed  to the commissioner of finance, deposited in a post office or
 official depository under the exclusive care of the United States postal
 service, and postmarked by the United States postal service on or before
 the application deadline. Each such application shall be made on a  form
 prescribed  by  the  commissioner  of  finance,  which shall require the
 applicant to agree to notify the commissioner of finance if his, her  or
 their  primary  residence changes after receiving the rebate pursuant to
 this section, or after filing an application for such  rebate,  if  his,
 her  or  their  primary residence changes after filing such application,
 but before receiving such rebate.    The  commissioner  of  finance  may
 request  that  proof of primary residence be submitted with the applica-
 tion. No rebate pursuant to this section shall  be  granted  unless  the
 applicant,  if  required to do so by this subdivision, files an applica-
 tion within the time [periods] PERIOD prescribed in this subdivision.
   § 6. This act shall take effect immediately.

2017-A10254A - Details

See Senate Version of this Bill:: S4136
Current Committee:: Assembly Real Property Taxation
Law Section:: Real Property Tax Law
Laws Affected:: Amd §467-e, RPT L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7048
2019-2020: S802
2021-2022: S4314
2023-2024: S5997

2017-A10254A - Summary

2017-A10254A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10254--A
 
                           I N  A S S E M B L Y
 
                              March 27, 2018
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
   Committee on Real Property  Taxation  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the real property tax law, in relation to  a  rebate  of
   real  property  taxes  on  certain residential real property in a city
   having a population of one million or more
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The section heading of section 467-e of the real property
 tax law, as added by section 1 of part V of chapter 60 of  the  laws  of
 2004, is amended to read as follows:
   Rebate  for  owners  or  tenant-stockholders  of one, two [or], three,
 FOUR, FIVE OR SIX family residences or residential property held in  the
 condominium  or  cooperative  form of ownership in a city having a popu-
 lation of one million or more.
   § 2. Subdivision 1 of section 467-e of the real property tax  law,  as
 amended  by  chapter  483  of  the  laws  of 2007, is amended to read as
 follows:
   1. Generally. Notwithstanding any provision of any general, special or
 local law to the contrary, any city having a population of  one  million
 or more is hereby authorized and empowered to adopt and amend local laws
 in accordance with this section to grant a rebate of real property taxes
 for THE fiscal [years] YEAR beginning on the first of July, two thousand
 [three]  EIGHTEEN  and  ending  on  the  thirtieth of June, two thousand
 [nine] TWENTY in the amount of  [the  lesser  of]  UP  TO  four  hundred
 dollars  [or]  BUT IN NO CASE MORE THAN the annual tax liability imposed
 on the property. [No such local law may be adopted unless, as originally
 adopted, it authorizes such rebate to be granted in accordance with this
 section for three consecutive fiscal years  beginning  with  the  fiscal
 year beginning on the first of July, two thousand three.] No such rebate
 shall  be granted by local law for any fiscal year beginning on or after
 the first of July, two thousand [nine] TWENTY,  unless  the  council  of
 such  city,  in  fixing  the  annual tax rates for any such fiscal year,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD09732-05-8

 A. 10254--A                         2
 
 shall have uniformly reduced such rates for all classes of  property  in
 order to produce real property tax relief among such classes of property
 in  an  amount  not less than, in the aggregate, the aggregate amount of
 rebate  paid  in  such  fiscal year. [No such local law implementing the
 provisions of this section, as amended by the chapter of the laws of two
 thousand seven which added this sentence,  may  be  adopted  unless,  as
 originally  adopted, such local law authorizes such rebate to be granted
 in accordance with this  section  for  three  consecutive  fiscal  years
 beginning with the fiscal year beginning on the first of July, two thou-
 sand  six.]  Any  rebate authorized by local law in accordance with this
 section shall be paid in the fiscal year following the fiscal  year  for
 which the rebate is granted. If, with respect to the fiscal year of such
 city  beginning  on the first of July, two thousand [eight] EIGHTEEN and
 ending on the thirtieth of June, two thousand [nine] TWENTY, an increase
 in average real property tax rates would otherwise be necessary  in  the
 resolution  of such city council fixing real property tax rates for such
 fiscal year pursuant to the charter of such city, then the rebate to  be
 paid  for  such  fiscal  year shall be reduced or eliminated as follows:
 where the sum to be raised by such increase is less than  seven  hundred
 fifty  million dollars, then such rebate shall be reduced by fifty cents
 for each dollar of increase, and where the sum  to  be  raised  by  such
 increase  is  seven  hundred  fifty  million  dollars or more, then such
 rebate shall be eliminated. The determination of the reduction or elimi-
 nation of such rebate shall  be  set  forth  in  such  resolution  after
 consultation  with the department of finance of such city and shall take
 effect upon the final adoption of such resolution. Such rebate shall  be
 paid  to an owner or tenant-stockholder who, as of the date the applica-
 tion provided for in subdivision four of this section  is  due,  owns  a
 one,  two  or  three  family residence or a dwelling unit in residential
 property held in the condominium or cooperative form of  ownership  that
 is  the  owner  or  tenant-stockholder's primary residence and meets all
 other eligibility requirements of this section.  SUCH REBATE MAY BE PAID
 TO AN OWNER OR TENANT-STOCKHOLDER WHO, AS OF THE  DATE  THE  APPLICATION
 PROVIDED  FOR  IN  SUBDIVISION FOUR OF THIS SECTION IS DUE, OWNS A FOUR,
 FIVE OR SIX FAMILY RESIDENCE OR A DWELLING UNIT IN RESIDENTIAL  PROPERTY
 HELD  IN  THE  CONDOMINIUM  OR COOPERATIVE FORM OF OWNERSHIP THAT IS THE
 OWNER OR TENANT-STOCKHOLDER'S PRIMARY  RESIDENCE  AND  MEETS  ALL  OTHER
 ELIGIBILITY  REQUIREMENTS  OF  THIS SECTION. Notwithstanding anything to
 the contrary in sections four hundred twenty-one-a, four  hundred  twen-
 ty-one-b  or  four  hundred  twenty-one-g  of  this  title,  an owner or
 tenant-stockholder whose property is receiving benefits pursuant to such
 sections shall not be prohibited from receiving  a  rebate  pursuant  to
 this  section  if such owner or tenant-stockholder is otherwise eligible
 to receive such rebate.   Tenant-stockholders of  dwelling  units  in  a
 cooperative  apartment  corporation  incorporated  as  a  mutual company
 pursuant to article two, four, five or eleven  of  the  private  housing
 finance  law  shall  not  be  entitled  to the rebate authorized by this
 section. Such rebate shall be paid by the  commissioner  of  finance  to
 eligible  owners or tenant-stockholders in accordance with rules promul-
 gated by the commissioner of finance.
   § 3. Subparagraph 1 of paragraph a of subdivision 2 of  section  467-e
 of the real property tax law, as added by section 1 of part V of chapter
 60 of the laws of 2004, is amended to read as follows:
   (1) the property must be a one, two or three family residence or resi-
 dential  property  held in the condominium or cooperative form of owner-

 A. 10254--A                         3
 
 ship OR MAY BE A FOUR, FIVE OR SIX FAMILY RESIDENCE OR RESIDENTIAL PROP-
 ERTY HELD IN THE CONDOMINIUM OF COOPERATIVE FORM OF OWNERSHIP;
   § 4. Paragraph c of subdivision 3 of section 467-e of the real proper-
 ty tax law, as added by section 1 of part V of chapter 60 of the laws of
 2004, is amended to read as follows:
   c.  "Property"  means a one, two [or], three, FOUR, FIVE OR SIX family
 residence or a dwelling unit in residential property held in the  condo-
 minium or cooperative form of ownership.
   § 5. Paragraph a of subdivision 4 of section 467-e of the real proper-
 ty tax law, as amended by chapter 483 of the laws of 2007, is amended to
 read as follows:
   a. Generally. Notwithstanding any provision of any general, special or
 local  law to the contrary, an application for a rebate pursuant to this
 section for the fiscal year beginning the first of  July,  two  thousand
 [three]  EIGHTEEN, shall be made no later than the date published by the
 commissioner of finance in the city  record  and  in  other  appropriate
 general  notices  pursuant  to  this subdivision, which date shall be no
 earlier than thirty days after the effective date of  this  subdivision.
 [An  application  for a rebate pursuant to this section for fiscal years
 beginning on or after the first of July, two thousand four and ending on
 the thirtieth of June, two thousand six, shall be made no later than the
 fifteenth of March of the fiscal year for which the rebate  is  claimed.
 An  application  for  a rebate pursuant to this section for fiscal years
 beginning on or after the first of July, two thousand six, shall be made
 no later than the first of September following the fiscal year for which
 the rebate is claimed.] All owners or  tenant-stockholders  of  property
 who  primarily  reside  thereon must jointly file an application for the
 rebate on or before the application  deadline,  unless  such  owners  or
 tenant-stockholders  currently  receive  a  real  property tax exemption
 pursuant to section four hundred twenty-five, four hundred  fifty-eight,
 four  hundred  fifty-eight-a,  four hundred fifty-nine-c or four hundred
 sixty-seven of this title, in which case no separate application  for  a
 rebate  pursuant to this section shall be required. Such application may
 be filed by mail if it is  enclosed  in  a  postpaid  envelope  properly
 addressed  to the commissioner of finance, deposited in a post office or
 official depository under the exclusive care of the United States postal
 service, and postmarked by the United States postal service on or before
 the application deadline. Each such application shall be made on a  form
 prescribed  by  the  commissioner  of  finance,  which shall require the
 applicant to agree to notify the commissioner of finance if his, her  or
 their  primary  residence changes after receiving the rebate pursuant to
 this section, or after filing an application for such  rebate,  if  his,
 her  or  their  primary residence changes after filing such application,
 but before receiving such rebate.    The  commissioner  of  finance  may
 request  that  proof of primary residence be submitted with the applica-
 tion. No rebate pursuant to this section shall  be  granted  unless  the
 applicant,  if  required to do so by this subdivision, files an applica-
 tion within the time [periods] PERIOD prescribed in this subdivision.
   § 6. This act shall take effect immediately.

2017-A10254B (ACTIVE) - Details

See Senate Version of this Bill:: S4136
Current Committee:: Assembly Real Property Taxation
Law Section:: Real Property Tax Law
Laws Affected:: Amd §467-e, RPT L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7048
2019-2020: S802
2021-2022: S4314
2023-2024: S5997

2017-A10254B (ACTIVE) - Summary

2017-A10254B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10254--B
 
                           I N  A S S E M B L Y
 
                              March 27, 2018
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
   Committee on Real Property  Taxation  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  to  amend the real property tax law, in relation to a rebate of
   real property taxes on certain residential real  property  in  a  city
   having a population of one million or more
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The section heading of section 467-e of the real  property
 tax  law,  as  added by section 1 of part V of chapter 60 of the laws of
 2004, is amended to read as follows:
   Rebate for owners or tenant-stockholders  of  one,  two  [or],  three,
 FOUR,  FIVE OR SIX family residences or residential property held in the
 condominium or cooperative form of ownership in a city  having  a  popu-
 lation of one million or more.
   §  2.  Subdivision 1 of section 467-e of the real property tax law, as
 amended by chapter 483 of the laws  of  2007,  is  amended  to  read  as
 follows:
   1. Generally. Notwithstanding any provision of any general, special or
 local  law  to the contrary, any city having a population of one million
 or more is hereby authorized and empowered to adopt and amend local laws
 in accordance with this section to grant a rebate of real property taxes
 for THE fiscal years beginning  on  the  first  of  July,  two  thousand
 [three]  EIGHTEEN  and  ending  on  the  thirtieth of June, two thousand
 [nine] TWENTY in the amount of  [the  lesser  of]  UP  TO  four  hundred
 dollars  [or]  BUT IN NO CASE MORE THAN the annual tax liability imposed
 on the property. [No such local law may be adopted unless, as originally
 adopted, it authorizes such rebate to be granted in accordance with this
 section for three consecutive fiscal years  beginning  with  the  fiscal
 year  beginning on the first of July, two thousand three. No such rebate
 shall be granted by local law for any fiscal year beginning on or  after
 the  first  of July, two thousand nine, unless the council of such city,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD09732-09-8

 A. 10254--B                         2

 in fixing the annual tax rates for any  such  fiscal  year,  shall  have
 uniformly  reduced  such  rates  for all classes of property in order to
 produce real property tax relief among such classes of  property  in  an
 amount  not  less than, in the aggregate, the aggregate amount of rebate
 paid in such fiscal year. No such local law implementing the  provisions
 of  this  section, as amended by the chapter of the laws of two thousand
 seven which added this sentence, may be adopted  unless,  as  originally
 adopted,  such local law authorizes such rebate to be granted in accord-
 ance with this section for three consecutive fiscal years beginning with
 the fiscal year beginning on the first of July, two thousand  six.]  Any
 rebate  authorized by local law in accordance with this section shall be
 paid in the fiscal year following the fiscal year for which  the  rebate
 is  granted. [If, with respect to the fiscal year of such city beginning
 on the first of July, two thousand eight and ending on the thirtieth  of
 June,  two thousand nine, an increase in average real property tax rates
 would otherwise be necessary in the  resolution  of  such  city  council
 fixing  real  property  tax  rates  for such fiscal year pursuant to the
 charter of such city, then the rebate to be paid for  such  fiscal  year
 shall be reduced or eliminated as follows: where the sum to be raised by
 such  increase  is  less  than seven hundred fifty million dollars, then
 such rebate shall be reduced by fifty cents for each dollar of increase,
 and where the sum to be raised by such increase is seven  hundred  fifty
 million  dollars  or  more,  then  such  rebate shall be eliminated. The
 determination of the reduction or elimination of such  rebate  shall  be
 set  forth  in such resolution after consultation with the department of
 finance of such city and shall take effect upon the  final  adoption  of
 such resolution.] Such rebate shall be paid to an owner or tenant-stock-
 holder  who,  as of the date the application provided for in subdivision
 four of this section is due, owns a one, two [or], three, FOUR, FIVE  OR
 SIX  family residence or a dwelling unit in residential property held in
 the condominium or cooperative form of ownership that is  the  owner  or
 tenant-stockholder's  primary  residence and meets all other eligibility
 requirements of this section, UNLESS THE LOCAL LEGISLATIVE BODY PROVIDES
 BY LOCAL LAW THAT ONLY OWNERS OR  TENANT-STOCKHOLDERS  OF  A  SUBSET  OF
 THOSE  PROPERTY  TYPES  ARE  ELIGIBLE  TO  BE PAID THE REBATE. THE LOCAL
 LEGISLATIVE BODY MAY BY LOCAL LAW RESTRICT ELIGIBILITY ON THE  BASIS  OF
 WHETHER  AN  OWNER OR TENANT-STOCKHOLDER IS RECEIVING A PARTICULAR OTHER
 BENEFIT PURSUANT TO THIS CHAPTER OR THE  PRIVATE  HOUSING  FINANCE  LAW.
 [Notwithstanding anything to the contrary in sections four hundred twen-
 ty-one-a, four hundred twenty-one-b or four hundred twenty-one-g of this
 title,  an owner or tenant-stockholder whose property is receiving bene-
 fits pursuant to such sections shall not be prohibited from receiving  a
 rebate  pursuant  to this section if such owner or tenant-stockholder is
 otherwise eligible to  receive  such  rebate.    Tenant-stockholders  of
 dwelling  units in a cooperative apartment corporation incorporated as a
 mutual company pursuant to article two, four,  five  or  eleven  of  the
 private  housing finance law shall not be entitled to the rebate author-
 ized by this section.] Such rebate shall be paid by the commissioner  of
 finance  to  eligible  owners  or tenant-stockholders in accordance with
 rules promulgated by the commissioner of finance.
   § 3. Subparagraph 1 of paragraph a of subdivision 2 of  section  467-e
 of the real property tax law, as added by section 1 of part V of chapter
 60 of the laws of 2004, is amended to read as follows:
   (1)  the  property  must  be a one, two [or], three, FOUR, FIVE OR SIX
 family residence or residential property  held  in  the  condominium  or
 cooperative  form  of  ownership UNLESS OTHERWISE SET FORTH IN THE LOCAL

 A. 10254--B                         3
 
 LAW ADOPTED BY THE LOCAL LEGISLATIVE BODY IN ACCORDANCE WITH SUBDIVISION
 ONE OF THIS SECTION;
   §  4.  Subparagraph 3 of paragraph a of subdivision 2 of section 467-e
 of the real property tax law, as added by section 1 of part V of chapter
 60 of the laws of 2004, is amended to read as follows:
   (3) the owner must not be in arrears in the payment of  real  property
 taxes  in an amount in excess of twenty-five dollars for the fiscal year
 for which the rebate is claimed and all  prior  fiscal  years,  and  for
 residential  property  held  in the cooperative form of ownership, there
 must be no arrears in the payment of real property taxes in an amount in
 excess of an average of twenty-five dollars per dwelling  unit  in  such
 cooperative  apartment  corporation  for  the  fiscal year for which the
 rebate is claimed and all prior fiscal years, EXCEPT THAT IF  THE  OWNER
 HAS  ENTERED INTO AN INSTALLMENT AGREEMENT WITH THE CITY TO ADDRESS SUCH
 ARREARS AND IS NOT IN DEFAULT ON SUCH AGREEMENT,  SUCH  OWNER  WOULD  BE
 ELIGIBLE  TO RECEIVE THE REBATE, HOWEVER THE AMOUNT OF SUCH REBATE SHALL
 FIRST BE APPLIED TO THE INSTALLMENT AGREEMENT  WITH  ANY  EXCESS  AMOUNT
 PROVIDED TO THE OWNER IN THE FORM OF A REBATE.
   § 5. Paragraph c of subdivision 3 of section 467-e of the real proper-
 ty tax law, as added by section 1 of part V of chapter 60 of the laws of
 2004, is amended to read as follows:
   c.  "Property"  means a one, two [or], three, FOUR, FIVE OR SIX family
 residence or a dwelling unit in residential property held in the  condo-
 minium  or cooperative form of ownership OR SUCH SUBSET OF PROPERTY TYPE
 AS SET FORTH IN THE LOCAL LAW ADOPTED BY THE LOCAL LEGISLATIVE BODY.
   § 6. Paragraph a of subdivision 4 of section 467-e of the real proper-
 ty tax law, as amended by chapter 483 of the laws of 2007, is amended to
 read as follows:
   a. Generally. Notwithstanding any provision of any general, special or
 local law to the contrary, an application for a rebate pursuant to  this
 section  for  the  fiscal year beginning the first of July, two thousand
 [three] EIGHTEEN, shall be made no later than the date published by  the
 commissioner  of  finance  in  the  city record and in other appropriate
 general notices pursuant to this subdivision, which  date  shall  be  no
 earlier  than  thirty days after the effective date of this subdivision.
 [An application for a rebate pursuant to this section for  fiscal  years
 beginning on or after the first of July, two thousand four and ending on
 the thirtieth of June, two thousand six, shall be made no later than the
 fifteenth  of  March of the fiscal year for which the rebate is claimed.
 An application for a rebate pursuant to this section  for  fiscal  years
 beginning on or after the first of July, two thousand six, shall be made
 no later than the first of September following the fiscal year for which
 the  rebate  is  claimed.]  AN APPLICATION FOR A REBATE PURSUANT TO THIS
 SECTION SHALL BE MADE NO LATER THAN THE FIFTEENTH OF MARCH OF THE FISCAL
 YEAR FOR WHICH THE REBATE IS CLAIMED. All owners or  tenant-stockholders
 of  property  who primarily reside thereon must jointly file an applica-
 tion for the rebate on or before the application deadline,  unless  such
 owners  or  tenant-stockholders  currently  receive  a real property tax
 exemption pursuant to section four  hundred  twenty-five,  four  hundred
 fifty-eight,  four  hundred  fifty-eight-a, four hundred fifty-nine-c or
 four hundred sixty-seven of this title, in which case no separate appli-
 cation for a rebate pursuant to this section shall be  required.  [Such]
 THE  COMMISSIONER  OF  FINANCE  MAY  DETERMINE  THE MANNER BY WHICH SUCH
 APPLICATION MAY BE FILED AND MAY REQUIRE THAT SUCH application [may]  be
 filed  by  mail  if  it  is  enclosed  in  a  postpaid envelope properly
 addressed to the commissioner of finance, deposited in a post office  or

 A. 10254--B                         4
 
 official depository under the exclusive care of the United States postal
 service, and postmarked by the United States postal service on or before
 the  application  deadline  OR  SUBMITTED  ONLINE. Each such application
 shall be made on a form prescribed by the commissioner of finance, which
 shall  require  the  applicant  to  agree  to notify the commissioner of
 finance if his, her or their primary residence changes  after  receiving
 the  rebate pursuant to this section, or after filing an application for
 such rebate, if his, her or their primary residence changes after filing
 such application, but before receiving such rebate.  The commissioner of
 finance may request that proof of primary residence  be  submitted  with
 the  application.  No  rebate  pursuant to this section shall be granted
 unless the applicant, if required to do so by this subdivision, files an
 application within the time periods prescribed in this subdivision.
   § 7. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.